Through entering into our website and subsequent dealings with us, unless expressed otherwise you agree to be bound by the following terms and conditions,
- Definition
“Approved Purpose” means assessment of a commercial opportunity between the Discloser and the Recipient involving any of the services which may be provided by Solomon Capital or its affiliates and subsidiaries to the Recipient.
“Confidential Information” means all information disclosed on this website or otherwise made available by the Discloser or its Representative to the Recipient, for or in connection with the Approved Purpose.
“Discloser” means Solomon Capital or its affiliates and subsidiaries
“Excluded Information” means Confidential Information which;
- Was already known to the Recipient at the time of disclosure by the Discloser;
- Was disclosed to the Recipient by a third party who was entitled to disclose it.
“Personal Information” has the meaning given in the Privacy Act 1988 (Cth)
“Recipient” means users of this website.
“Representative” of a party includes
- A Related Body Corporate (as defined under the Corporations Act 2001);
- An employee, agent, officer, director of that party or a Related Body Corporate of that party.
- No duty to disclose Confidential Information
Prior to entering into binding agreements between the Discloser and the Recipient, the Discloser,
- Is not obliged to any particular information to the Recipient or its Representatives;
- Can elect which information to disclose to the Recipient or its Representatives at its absolution discretion.
- Confidentiality
- The Recipient agrees to
- Not disclose any Confidential Information obtained from the Discloser except with the prior written consent to the Discloser;
- Not disclose any Confidential Information to any person other than those Representatives who require such information for the Approved Purpose.
- The Recipient must procure that each of its Representatives (irrespective of whether such Representatives are still engaged by the Recipient) having access to the Confidential Information in keeping such information only for the use on the Approved Purpose and do not do or omit to do anything which would be a breach of the Recipient’s obligations to maintain confidentiality of the Confidentiality Information which it obtains from the Discloser;
- The Discloser may request the Recipient to provide the Discloser with the names and titles of each Representative of the Recipient to whom any Confidential information has been disclosed.
- The Recipient must not in any way contact or attempt to contact any of the Discloser’s Related Body Corporate or their respective customers, suppliers or Representatives, without prior written consent from the Discloser.
- The Recipient agrees to
- Third party rights
The Discloser confirms, to the best of its knowledge, that there is no infringement to the rights of any third party by
- The disclose of Confidential Information;
- The use by the Recipient and its Representative of the Confidential Information for the Approved Purpose.
- Privacy
- For any Personal Information contained in the Confidential Information, the Discloser, confirms that it has taken all necessary steps required under the Privacy Act 1988 and its own privacy policy to ensure that such Personal Information can be disclosed to the Recipient and its Representatives.
- The Recipient must deal with the Personal Information contained in the Confidential Information as follows,
- Comply with the Privacy Act 1988 (Cth);
- Comply with any privacy policy which the Discloser adopts and notifies the Recipient as if the Recipient was fond by such privacy policy;
- Not disclose such Personal Information outside of Australia without express written consent from the Discloser;
- Return of Confidential Information
When the Confidential Information is no longer required by the Recipient for the Approved Purpose, the Recipient agrees, at the discretion of the Discloser, to either return to the Discloser all of the Confidential Information which it has obtained, or destroy or alter such Confidential Information, including but not limited to such Confidential Information that has been entered into a computer, database or other electronic means of data or information storage by the Recipient or its Representatives.
- Breach of Confidentiality
The Recipient acknowledges and agrees that the Confidential Information constitutes valuable information of the Discloser and its Related Body Corporate, or through third parties to which the Discloser of its Related Body Corporate owes an obligation of confidence. In the event of breach by the Recipient or its Representatives, the Discloser may elect to (without limitation),
- Sue the Recipient and/or its Representatives for damages;
- Seek specific performance or injunctive relief as remedy;
- Seek alternative remedies at law or in equity.
- No reliance
In absence of a further binding agreement between the Discloser and the Recipient (or its Representative), the Recipient acknowledges and agrees that
- Most or all of the Confidential Information consists of data prepared for management purposes in the ordinary course of business of the Discloser. They are general information and have not been prepared with the intention that the Recipient should rely on it in connection with the Approved Purpose or for any other use which the Recipient intend but without knowledge of the Discloser.
- Unless expressly identified, such Confidential Information has not been audited or independently verified;
- Neither the Discloser nor its Representatives gives any assurances as to the degree of care or diligence used in preparing and compiling such Confidential Information;
- The Discloser or its Representatives may not have provided all information that may be required by the Recipient for the Approved Purpose;
- Neither the Discloser nor any of its Representatives has made or makes any representation or warranty, express or implied, as to the accuracy, content, legality or completeness of any Confidential Information, nor does it have an obligation to notify the Recipient or its Representatives of any inaccuracy of change in the Confidential Information;
- It must make its own assessment if it attempts to rely on any Confidential Information provided
- Liability
- Subject to any law to the contrary, the Discloser and its Representatives disclaim all liability for any loss suffered by any person using, disclosing or acting on any Confidential Information and whether such loss arises in relation to, in connection with or as a result of any negligence, default or lack of care on the part of the Disclosure or any of its Representatives, or from any misrepresentation or any other cause.
- The Recipient agrees to not initiate any legal proceedings against the Discloser or its Representatives in respect of any Confidential Information, and will procure that its Representatives will not do so.
- The Recipient unconditionally and irrevocably releases the Discloser and its Representative from any liability which may arise, whether directly or indirectly, in relation to access of such Confidential Information. This includes, but is not limited to, liability resulting from any negligence, default of lack of care by the Discloser or any of its Representatives or from any misrepresentation or any other cause.